Harwell v. Davidson

March 24, 2009

CURTIS WAYNE HARWELL, PLAINTIFF,v.JAMES DAVIDSON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

Plaintiff, an inmate at the Southwestern Illinois Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides:

(a) Screening.-- The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.

(b) Grounds for Dismissal.-- On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint--

(1) is frivolous, malicious, or fails to state a claim on which relief may be granted; or

(2) seeks monetary relief from a defendant who is immune from such relief.

28 U.S.C. § 1915A. An action or claim is frivolous if "it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). An action fails to state a claim upon which relief can be granted if it does not plead "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1974 (2007).

THE COMPLAINT

Plaintiff's complaint consists of two counts.

COUNT 1: Plaintiff alleges that he suffers from hepatitis C and that, despite this, he was forced to work in the dietary unit where (according to Plaintiff) he presented a danger to the health of other inmates. Liberally construing the complaint, Plaintiff appears to allege that requiring him to work in dietary violated his Eighth Amendment rights.

COUNT 2: Plaintiff alleges that he has been allowed only limited access to the law library and that inmate law clerks are not sufficiently trained. Plaintiff claims a violation of his right to access the courts.

DISCUSSION

A. Eighth Amendment Claim

Plaintiff's claim that he was required to work in the dietary unit at Southwestern Illinois Correctional Center even though he has hepatitis C should be dismissed pursuant to 28 U.S.C. § 1915A. Plaintiff does not allege that working in the dietary unit is a danger to him or that such work is beyond his capacity due to his illness. Instead, Plaintiff appears to be attempting to assert claims on behalf of other inmates who (Plaintiff contends) may have become infected with hepatitis C from him. Plaintiff, however, lacks standing to bring such a suit. ...

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